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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 11-15-2014, 06:23 PM
bjm44 bjm44 is offline
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Default Out of province questioning

I am currently involved in an unjust enrichment lawsuit. My ex of almost 3 years feels she is entitled to half of the proceeds of a house that we were both on title and was sold in August of this year. She had not resided there for over 3 years. I have paid everything since separation on the house. The house was vacant for 8 months as I moved from Alberta to Ontario in Jan. 2014. The house was sold in late august and increased by $35000 from the purchase price. She did not contribute anything while the house was vacant despite my requests so i had to carry two residences for 8 months. The mortgage was reduced by 25000 since separation. I have a few questions to ask.

1) Is she entitled to any of the principal I paid since separation. She says she gets half.
2) Is she responsible for 50% of all costs while house was vacant. She says no.
3) The down payment was borrowed from my personal line of credit that is still outstanding and she refuses an interim distribution to allow me to pay off the line of credit. Is she responsible for all interest on this line of credit as it is her decision to not pay it out.
4) I want to seek a interim distribution of 33% and her lawyer wants to question me first. She has given no reasons as to why she feels she should get 50% other then just because. Am i entitled to at least know why they feel they should get what they are asking? I have given with all number my reasons but they have provided nothing.
5) I live in ontario now and am up to my eyeballs in debt due to having to carrying two houses for 8 months. I really cannot afford to lose 2 days from work for questioning when they won't release any of my money. Do i need to attend questioning before I make a claim for interim distribution. I pay 700/mth in interest and owe 8k in back income taxes.
6) how can she have all the power when she has contributed nothing?
7) what can we do to move this along sooner as we were never married and there are no kids.

Thanks and sorry for the long post.
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Old 11-15-2014, 06:32 PM
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arabian arabian is offline
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She is on title therefore she is an owner of the home. Owners are responsible equally for maintenance. Important date will datets of separation. Why did you take so long to get her off title. at the very least she will. E entitled to 50% of increase of value from date of she she went on title. Why did you put her on title?why the delay in buying her out?

Last edited by arabian; 11-15-2014 at 06:51 PM.
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Old 11-15-2014, 06:56 PM
bjm44 bjm44 is offline
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She was left on title as I was not in a position to buy her share at the time of separation. We orally agreed to split half the equity minus my down payment and I was to pay her in 12 monthly payment which I had already paid 5 before she decided she wanted all the equity which was only 45000 at the time. I do have proof in email that there was an agreement but it does not state the amount. I ended up moving to Ontario as the mortgage was breaking me. She also says that the over $18000 i paid on her debt(credit cards, Car and student loans(before she met me) does not count.
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Old 11-15-2014, 07:00 PM
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Quote:
Originally Posted by arabian View Post
She is on title therefore she is an owner of the home. Owners are responsible equally for maintenance. Important date will datets of separation. Why did you take so long to get her off title. at the very least she will. E entitled to 50% of increase of value from date of she she went on title. Why did you put her on title?why the delay in buying her out?
Hmmmm. You could pay 180k on credit cards but couldnt afford to buy her out. Strange. I can see why her lWyer wants to question you.
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Old 11-15-2014, 07:01 PM
Berner_Faith Berner_Faith is offline
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Originally Posted by arabian View Post
Hmmmm. You could pay 180k on credit cards but couldnt afford to buy her out. Strange. I can see why her lWyer wants to question you.
The OP said $18,000 not $180,000... I am sure the buy out price was well over $18,000
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Old 11-15-2014, 07:02 PM
bjm44 bjm44 is offline
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I have offered 50% of net equity after subtracting the down payment(still outstanding), the amount that the mortgage was reduced after separation, the 5 payments i have already paid and 50% of costs associated with the house while vacant. Am i missing something here or is she entitled to more. Her and her lawyer feel she gets half and none of the case law I have studied suggests this. there is 90k at stake here which I know is not alot to some but now I am more about the principle of fairness then the money amount.
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Old 11-15-2014, 07:03 PM
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You sound like a really nice generous man. Do you like women in their late fifties who golf and have cAts?
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Old 11-15-2014, 07:05 PM
bjm44 bjm44 is offline
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Arabian, I paid this amount on her debt while we were together and the reason I couldn't buy her out was because I had just started my own business and could not get any financing for 2 years. Plus we had a small animal rescue on our property which I would have to give up if I moved and the animals would have had to be euthanized and she knew I would do most anything to not have to do this so I agreed to do what she asked in order not to sell the house.
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Old 11-15-2014, 07:06 PM
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Sorry. I read that incorrectly on my little phone screen (failing vision perhaps)
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Old 11-15-2014, 07:07 PM
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Oh so business was started. Is she on that as well?
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